The Party Wall etc. Act 1996

This article explains The Party Wall etc. Act 1996.

What does the Act do?

The Act came into force on 1 July 1997 and applies throughout England and Wales. (The Act does not apply to Scotland or Northern Ireland) The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings.

Anyone intending to carry out work (anywhere in England and Wales) of the kinds described in the Act must give Adjoining Owners the written notice of their intentions. The Act applies even to Crown, Government and Local Authority owned property. Where the intended work is to an existing party wall (section 2 of the Act) notice must be given even where the work will not extend beyond the centre line of a party wall.

Adjoining Owners can agree with the Building Owner’s proposals or reach an agreement with the Building Owner on changes in the way the works are to be carried out, in their timing and manner. It is always best to have an agreement with your adjoining owner in writing.

Where a dispute arises in relation to a new party wall or party fence wall under section 1, or works to an existing party wall under section 2 or an excavation under section 6, if written consent has not been given by the Adjoining Owner within fourteen days of receiving a written notice served under the Act, the Act provides for the matter to be resolved by a surveyor or surveyors in a procedure for the resolution of disputes under section 10 of the Act.

What does the Act cover?

Various work that is going to be carried out directly to an existing party wall or a party structure
The new building at or astride the boundary line between properties
Excavation within 3 or 6 metres of a neighbouring building(s) or structure(s), depending on the depth of the holes or proposed foundations.

Work may fall within more than one of the above categories and involve different types of buildings and structures, for example, houses, garages and office buildings.

The link below is to the Government website and explains in more detail what the Party Wall Act is and what it covers. It also gives useful templates for serving notice to your adjoining neighbours.

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

Why is the party wall etc. Act important?

By law, anyone intending to carry out work on or astride the boundary or on a party wall or undertake certain excavations adjacent to an adjoining neighbour’s buildings or structures must give adjoining owner notice of their plans.

This applies as much to private property as it does the government or local authority owned property.

Owners are considered to be joint owners of the entirety of a party wall rather than a sole owner of part of a wall.

If work starts without a notice being given, an adjoining owner can seek to stop the work through a court junction or seek other legal redress.

If you are not sure whether the Act applies to the work that you are planning, you may wish to seek professional advice from a Party Wall Surveyor.

Call DWG Plans on 0800 688 9345 or get in touch online today.